Miller v. Cornwall R. R.

Citations

• 154 Pa. 473
• 26 A. 779
• 1893 Pa. LEXIS 919

Syllabus

<p>Negligence — Railroad—Fellow servants — Act of April 4, 1868.</p> <p>A person employed by the individual owner of cars run on a railroad, under a contract with the railroad company, is, when in charge of the cars, an employee of the railroad company within the meaning of the act of April 4, 1868, P. L. 58.</p> <p>Negligence — Defective guard rail — Excessive speed — Evidence.</p> <p>In an action against a railroad company to recover damages for personal injuries, plaintiff, who was in the position of an employee, claimed that the accident was caused either by a defective guard rail, or by the excessive speed of the train around a curve. Plaintiff did not describe the position of the rail on the day of the accident, but as it was “ a few days ” or “ several days” or “a couple of days” before that time; while the testimony of defendant’s witnesses was positive and uneontradieted that a new rail had been put in proper position on the day before the accident. Held, that the evidence as to the defect in the rail was insufficient, and that if the accident was caused by excessive speed it was due to the negligence of a fellow servant, and that on neither of the grounds alleged was it proper to submit the case to the jury.</p>